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Pastor, Church & LawMember access only

by Richard R. Hammar, J.D., LL.M., CPA

Compensating Employees Who Are Receiving Workers Compensation Benefits

§ 8.07.02
Key Point 8-07.02. Employees who accept employment while receiving workers compensation benefits may be committing fraud. This can have serious consequences for the employee, including criminal prosecution and repayment of benefits paid while engaged in gainful employment.

Workers compensation benefits are based on the degree and nature of an injured worker's work-related injury. "Total disability" benefits may be awarded upon a finding that the injured employee can no longer perform compensated employment. As a result, a person's eligibility to receive total disability benefits is directly affected if he or she begins performing compensated employment. And, such employment may not only result in a discontinuation of benefits, but also a legal obligation to return benefits already paid.

Is a church subject to any penalties if it knowingly hires and compensates a person who ...

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